CHARLES GREGORY AKER et al., Plaintiffs, v. Kurt Lowell Von Engel et al., Defendants.

Case No.: BC634320

Hearing Date: May 17, 2017

[TENTATIVE] order RE:

DEMURRER TO FIRST AMENDED COMPLAINT

Defendants Enterprise Rent-A-Car Company of Los Angeles, LLC (“Enterprise”) and EAN Holdings, LLC (“EAN”) have filed a Demurrer to Plaintiffs’ First Amended Complaint.

The court has considered the moving, opposition, and reply papers.

BACKGROUND

On September 19, 2016, Plaintiffs, the legal heirs of Charles Jothan Aker (“Decedent”), filed a complaint against Defendants Kurt Lowell Von Engel (“Von Engel”), Enterprise, EAN, and Does 1 through 25 (collectively “Defendants”).

On March 16, 2017, Plaintiffs filed a First Amended Complaint (“FAC”) for (1) motor vehicle negligence, (2) negligence per se, (3) wrongful death, and (4) negligent entrustment. Plaintiffs allege that Defendants are liable for the death of decedent caused by two vehicles’ striking decedent as he was walking on a street. (Co